The platform for Belgium's international community

Search form

menu menu

termination of an open end employment contract

Question

Dear all,
I have a job that I want to quit. I started working July 2012 and there was a time limited contract until June 2017 (so I have been working on a temporary contract for 4 years and 11months). Now I will sign a new an open-ended contract starting from July 2017. My salary is around 45K EUR. In the same time, I have received a new offer to change the company starting from Dec 2017. I would like to resign the new open-end contract which starts in July 2017. What would be the notice period for which I will need to inform the employer before I quite?

During this time the notice period was agreed to be 1 week from both sides. Now I am trying to use this clause and resign, but my employer is stating that the new law that entered in force 1.1.2014 actually requires 9 weeks of notice from my part (6 weeks for seniority and 3 weeks for overlap period). Is this true? I need to get rid of this job quickly or I'll loose the job offer I got (from another country). Is this new law applicable even if I have not signed a new contract?

hamopipa

Please neglect the second paragraph!

Jun 3, 2017 03:35
PG

Your situation is not very clear, particularly after taking into account your last sentence. I reply based on my understanding.

If your contract is/was for fixed term with no renewal clause then it ends on the last day without needing resignation untill and unless you want to end sooner provided there is a termination clause.
Secondly, if you haven't signed the new contract then you are not bound buy that yet. Verbal acceptances, if any, are difficult to prove. Be sure about what you have communicated (for example by emails) regarding this new contract.

Your new contract starts from July 2017 and another contract starts from Dec 2017. So I suppose that you would like to take up the new contract for the duration between July and December. You have to be sure about the termination clause/possibility in the new contract starting July 2017 but generally the notice period is not more than 3 months which is perfectly possible if your next contract starts in Dec 2017. Where is the issue?

Jun 3, 2017 08:45
hamopipa

Thanks a lot. Yes, you understood it correctly. I had a fixed term contract until the end of June 2017. And now I can sign a new open-end contract starting from July. But I would like to leave the company because I have a new position starting from December 2017. In some of the posts I have read this. See below line. Would that be applicable for me too? I am in the company for 4 years and 11 months but on a fixed term contract and the open end contract just starts.
Thanks a lot for your help!
--------------------------------------------------------------------------------------
During the first five years of service, the notice period develops progressively: Quarterly during the first two years and then annually. The period of notice shall be:

First quarter = 2 weeks
Second quarter = 4 weeks
Third quarter = 6 weeks
Fourth quarter = 7 weeks
Fifth quarter = 8 weeks
Sixth quarter = 9 weeks
Seventh quarter = 10 weeks
Eighth quarter = 11 weeks

Jun 3, 2017 10:03
hamopipa

In the new contract, I have only this article

En cas d'incapacité de travail a la suite de maladie ou d'accident l'execution contract es suspendue dans les conditions determinees par les articles 31, 70, 71 et 73 de la loi relative auc contrats de travail.

Jun 3, 2017 11:40
CC_R

Am I the only person whose failing to see the issue here? You sign the new contract and accept the job offer and then simply give them the nine weeks notice to your current firm which by my calculations would be later august if your new job starts at the beginning of December and later if it doesn't. Even if it's a fixed term contract surely you have provision to leave during it that seems to me what most contracts have written in even fixed terms ones

Jun 3, 2017 14:23
hamopipa

Thanks for your reply. I just wanted to know how long in advance I will need to inform the company? I get confused because I read this on some of the websites:
If your gross annual salary goes over €32,254, your notice period must be negotiated with the employer. It may not be longer than four and a half months if your gross annual salary is between €32,254 and €64,508, and no more than six months if your annual salary is more than €64,508 a year.

So you think in my case informing the company 9 weeks in advance would be enough?

Jun 3, 2017 14:44
CC_R

Why don't you clarify the notice period when you sign the new contract? That way you be certain to give the correct timing to them. You can legitimately say I'm unclear what notice I would have to give you or you me if we want to stop our working relationship. That isn't a lie and then they can tell you what the contract says rather than othesnsecond guessing it for you all the best.

Jun 3, 2017 23:15
J

You have not started the July job. You don't therefore need to give any notice at all that you don't want to start it.

Write to them and decline the job offer.

Jun 4, 2017 18:13
ao

1,5 months and six weeks. Since you are continuing with the same employer, the notice period is calculated based on your first contract. The law on notice periods changed in beginning of 2014 and for contracts that started before 1 January 2014 you need to calculate the notice period in two parts;
.
Your notice period on 31 December 2013 is 1,5 months; salary over 32k and contract for less than 5 years).
.
Your notice period for the remaining part of the contract is 6 weeks; length of contract more than 2 and less than 4 years counting from 1 January 2014.
.
The notice period starts from the Monday following the date you gave your notice.

Jun 4, 2017 22:01
hamopipa

AO Thanks a lot for your answer. In total it is then 12 weeks. I did not mention that the period between July 2012 and June 2017 was split into 3 temporary contracts (even I know it is not legal because they can't give three temporary contract one after each other. But I needed the job and did not complain. The last one I have signed from February 2017 until June 2017). Does that fact that I had my last temporary contract signed from Feb-June 2017 change anything? Does still the 1.5 months + 6 Weeks apply?
Thank you in advance.

Jun 5, 2017 10:43

Pages